Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
87

73    (1)
Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.
      (2)
In subsection (1), for paragraph (b) substitute—
“(b)
a National Crime Agency officer;”.
      (3)
In subsection (6)(b) and (d), for “Director General of the Serious Organised
5
Crime Agency” substitute “Director General of the National Crime Agency”.
74
In section 37 (quashing of police and Revenue and Customs authorisations
etc), in subsection (1), for paragraph (b) substitute—
“(b)
a National Crime Agency officer;”.
75
In section 40 (information to be provided to Surveillance Commissioners),
10
for paragraph (b) substitute—
“(b)
every National Crime Agency officer,”.
76
In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3), for paragraph (db) substitute—
“(db)
the National Crime Agency;”.
15
77
In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA”
(in each place) substitute “the National Crime Agency”.
78    (1)
Section 51 (cases in which key required) is amended in accordance with this
paragraph.
      (2)
In subsection (2)—
20
(a)
for “SOCA” (in the first place) substitute “the National Crime
Agency”;
(b)
in paragraph (aa)—
(i)
for “SOCA” substitute “the National Crime Agency”;
(ii)
for “Director General of the Serious Organised Crime
25
Agency” substitute “Director General of the National Crime
Agency”.
      (3)
In subsections (3) and (6), for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime Agency”.
79
In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute
30
“the National Crime Agency”.
80    (1)
Section 55 (general duties of specified authorities) is amended in accordance
with this paragraph.
      (2)
In subsection (1), for paragraph (ba) substitute—
“(ba)
the Director General of the National Crime Agency;”.
35
      (3)
For subsection (3A) substitute—
“(3A)
The power of the Director General of the National Crime Agency to
delegate functions under paragraph 10 of Schedule 1 to the Crime
and Courts Act 2012 does not apply in relation to the Director
General’s duties under this section.”.
40
81
In section 56 (interpretation of Part 3), in subsection (1)—

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
88

(a)
in paragraph (a) of the definition of “the police”, for “member of the
staff of the Serious Organised Crime Agency” substitute “National
Crime Agency officer”;
(b)
omit the definition of SOCA.
82
In section 58 (co-operation with and reports by section 57 Commissioner), in
5
subsection (1), omit paragraph (b).
83
In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—
“(d)
the National Crime Agency;”.
84
In section 68 (Tribunal procedure), in subsection (7), for paragraph (b)
substitute—
10
“(b)
every National Crime Agency officer;”.
85    (1)
Section 76A (foreign surveillance operations) is amended in accordance with
this paragraph.
      (2)
In subsection (6)(a), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.
15
      (3)
In subsection (11), in the definition of “United Kingdom officer”, for
paragraph (b) substitute—
“(b)
a National Crime Agency officer;”.
86
In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for
purposes of sections 28 and 29), for paragraph 2 substitute—
20
“2
The National Crime Agency.”.
87    (1)
Schedule 2 (persons having the appropriate permission) is amended in
accordance with this paragraph.
      (2)
In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and
(5), for “SOCA” substitute “the National Crime Agency,”.
25
      (3)
In paragraph 4 (data obtained under statute by other persons but without a
warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “the
National Crime Agency”.
      (4)
In paragraph 5 (data obtained without the exercise of statutory powers), in
sub-paragraph (3)(b), for “SOCA” substitute “the National Crime Agency”.
30
      (5)
In paragraph 6 (general requirements relating to the appropriate
permission), in sub-paragraphs (3A) and (6), for “member of staff of the
Serious Organised Crime Agency” substitute “National Crime Agency
officer”.
Freedom of Information Act 2000 (c. 36)
35
88
The Freedom of Information Act 2000 is amended as follows.
89
In section 23 (information supplied by, or relating to, bodies dealing with
security matters), in subsection (3), after paragraph (m) insert—
“(n)
the National Crime Agency.”.
90
In section 84 (interpretation), in the definition of “government
40
department”—
(a)
omit “or” at the end of paragraph (b);

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
89

(b)
after paragraph (b) insert—
“(ba)
the National Crime Agency, or”.
91
In Schedule 1 (public authorities), in Part 6 (other public bodies and offices:
general), omit the entry relating to the National Policing Improvement
Agency.
5
Criminal Justice and Court Services Act 2000 (c. 43)
92    (1)
Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records) is amended in accordance with this paragraph.
      (2)
In subsection (1)—
(a)
omit “to the National Policing Improvement Agency”;
10
(b)
for “members of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officers”.
      (3)
In subsection (2)—
(a)
omit “to the National Policing Improvement Agency”;
(b)
in paragraph (a)—
15
(i)
after “which” insert “information may be made available to”;
(ii)
for “members of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officers”;
(iii)
omit “may be given access to the information”;
(c)
in paragraph (b), for “to which they have been given access”
20
substitute “made available to them”.
Vehicles (Crime) Act 2001 (c. 3)
93
In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate
suppliers), in subsection (7) omit “to the National Policing Improvement
Agency”.
25
Criminal Justice and Police Act 2001 (c. 16)
94
In section 97 of the Criminal Justice and Police Act 2001 (regulations for
police forces), in subsection (4), omit paragraph (a).
Proceeds of Crime Act 2002 (c. 29)
95
The Proceeds of Crime Act 2002 is amended as follows.
30
96
In section 2A (contribution to the reduction of crime), in subsections (2)(a)
and (3)(a), for “SOCA” substitute “the National Crime Agency”.
97    (1)
Section 2B (SOCA and members of SOCA’s staff) is amended in accordance
with this paragraph.
      (2)
For the title substitute “The National Crime Agency and its officers”.
35
      (3)
Omit subsection (1).
      (4)
In subsection (2)—
(a)
for “SOCA” (in the first place) substitute “the National Crime
Agency”;
(b)
for “SOCA” (in each other place) substitute “that Agency”.
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
90

      (5)
Omit subsection (3).
98    (1)
Section 3 (accreditation and training of financial investigators) is amended
in accordance with this paragraph.
      (2)
In subsection (1), for “National Policing Improvement Agency” substitute
“National Crime Agency”.
5
      (3)
In subsection (2), at the end of paragraph (b) insert “, and
(c)
securing that decisions under that system which concern—
(i)
the grant or withdrawal of accreditations, or
(ii)
the monitoring of the performance of accredited
financial investigators,
10

are taken without regard to their effect on operations by the
National Crime Agency or any other person.”.
      (4)
In subsection (7), for “National Policing Improvement Agency” substitute
“National Crime Agency”.
99
In section 41A (restraint orders: power to retain seized property etc), in
15
subsection (3), for paragraph (d) substitute—
“(d)
a National Crime Agency officer,”.
100
In section 55 (sums received by designated officer), in subsection (8), for
paragraph (h) substitute—
“(h)
a National Crime Agency officer,”.
20
101
In section 72 (serious default in England and Wales), in subsection (9)(ba)—
(a)
for “member of staff of SOCA” substitute “National Crime Agency
officer”;
(b)
for “SOCA” (in the second place) substitute “the National Crime
Agency”.
25
102
In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (c)—
“(c)
a National Crime Agency officer;”.
103
In section 139 (serious default in Scotland), in subsection (9)(ca)—
(a)
for “member of staff of SOCA” substitute “National Crime Agency
30
officer”;
(b)
for “SOCA” (in the second place) substitute “the National Crime
Agency”.
104
In section 190A (restraint orders: power to retain seized property etc —
Northern Ireland), in subsection (3), for paragraph (d)—
35
“(d)
a National Crime Agency officer;”.
105
In section 203 (sums received by chief clerk), in subsection (8), for paragraph
(h)—
“(h)
a National Crime Agency officer.”.
106
In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—
40
(a)
for “member of staff of SOCA” substitute “National Crime Agency
officer”;
(b)
for “SOCA” (in the second place) substitute “the National Crime
Agency”.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
91

107
In section 316 (general interpretation), in subsection (1), in paragraphs (a)
and (c) of the definition of “enforcement authority”, for “SOCA” substitute
“the National Crime Agency”.
108   (1)
Section 317 (SOCA’s general Revenue functions) is amended in accordance
with this paragraph.
5
      (2)
In the title, for “SOCA’s” substitute “The National Crime Agency’s”.
      (3)
For “SOCA” (in each place) substitute “the National Crime Agency”.
109
In section 318 (revenue functions regarding employment), for “SOCA” (in
each place) substitute “the National Crime Agency”.
110
In section 319 (source of income), for “SOCA” (in each place) substitute “the
10
National Crime Agency”.
111   (1)
Section 321 (SOCA’s functions: transfers of value) is amended in accordance
with this paragraph.
      (2)
In the title, for “SOCA’s” substitute “The National Crime Agency’s”.
      (3)
For “SOCA” (in each place) substitute “the National Crime Agency”.
15
112   (1)
Section 322 (SOCA’s functions: certain settlements) is amended in
accordance with this paragraph.
      (2)
In the title, for “SOCA’s” substitute “The National Crime Agency’s”.
      (3)
For “SOCA” (in each place) substitute “the National Crime Agency”.
113
In section 324 (exercise of Revenue functions), for “SOCA” (in each place)
20
substitute “the National Crime Agency”.
114   (1)
In section 325 (declarations), in subsection (2)—
(a)
for “member of SOCA’s staff” substitute “National Crime Agency
officer”;
(b)
for “any of SOCA’s functions” substitute “any function of the
25
National Crime Agency”;
(c)
for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.
115
In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for
“the Director General of SOCA” substitute “the Director General of the
30
National Crime Agency”.
116
In section 331 (failure to disclose: nominated officers in the regulated sector),
in subsection (4), for “the Director General of SOCA” substitute “the Director
General of the National Crime Agency”.
117
In section 332 (failure to disclose: other nominated officers), in subsection
35
(4), for “the Director General of SOCA” substitute “the Director General of
the National Crime Agency”.
118
In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and
(4)(a), for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.
40
119
In section 340 (interpretation), in subsection (13), for “Director General of
SOCA” substitute “Director General of the National Crime Agency”.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
92

120
In section 351 (applications for orders: supplementary), in subsection (5), for
“member of SOCA’s staff” (in each place) substitute “National Crime
Agency officer”.
121
In section 352 (search and seizure warrants), in subsection (5)—
(a)
in paragraph (b), for “member of SOCA’s staff or” substitute
5
“National Crime Agency officer or a member”;
(b)
in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
122
In section 353 (requirements where production order not available), in
subsection (10)—
10
(a)
in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;
(b)
in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
123
In section 357 (disclosure orders), for “member of SOCA’s staff” (in each
15
place) substitute “National Crime Agency officer”.
124
In section 362 (supplementary), in subsection (4A), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.
125
In section 369 (supplementary), for “member of SOCA’s staff” (in each place)
substitute “National Crime Agency officer”.
20
126
In section 375 (supplementary), in subsection (4), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.
127
In section 377 (code of practice of Secretary of State etc), in subsection (1), for
paragraphs (a) and (b) substitute—
“(a)
the Director General of the National Crime Agency;
25
(b)
other National Crime Agency officers;”.
128   (1)
Section 378 (officers) is amended in accordance with this paragraph.
      (2)
In subsection (1), for paragraph (a) substitute—
“(a)
a National Crime Agency officer;”.
      (3)
In subsection (2), for paragraph (a) substitute—
30
“(a)
a senior National Crime Agency officer;”.
      (4)
In subsection (3)—
(a)
in paragraph (a), for “member of SOCA’s staff” substitute “National
Crime Agency officer”;
(b)
in paragraph (b), for “senior member of SOCA’s staff” substitute
35
“senior National Crime Agency officer”.
      (5)
In subsection (5), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”.
      (6)
In subsection (6A), for “member of SOCA’s staff” substitute “National Crime
Agency officer”.
40
      (7)
In subsection (8)—
(a)
for “senior member of SOCA’s staff” substitute “senior National
Crime Agency officer”;

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
93

(b)
in paragraph (a), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”;
(c)
in paragraph (b), for “member of SOCA’s staff” substitute “other
National Crime Agency officer”.
129
In section 416 (other interpretative provisions), in subsection (2), for
5
“member of SOCA’s staff” substitute “National Crime Agency officer”.
130
In section 438 (disclosure of information by certain directors), in subsection
(1)(fa), for “SOCA” substitute “the National Crime Agency”.
131
In section 439 (disclosure of information to Lord Advocate and to Scottish
Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime
10
Agency”.
132
In section 443 (enforcement in different parts of the United Kingdom), in
subsection (3), for “SOCA” substitute “the National Crime Agency or its
officers”.
133
In section 444 (external requests and orders), in subsection (4), for paragraph
15
(d) substitute—
“(d)
the National Crime Agency;”.
134
In section 445 (external investigations), for “SOCA” substitute “the National
Crime Agency or its officers”.
135   (1)
In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with
20
this paragraph.
      (2)
In the title, for “SOCA’s staff” substitute “NCA officers”.
      (3)
In subsection (1)—
(a)
in the words before paragraph (a), for “member of SOCA’s staff”
substitute “National Crime Agency officer”;
25
(b)
in paragraph (a), for “by SOCA to do anything” substitute “to do
anything on behalf of the National Crime Agency”;
(c)
in paragraph (b), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
      (4)
In subsection (2), for “member of the SOCA’s staff” substitute “National
30
Crime Agency officer”.
      (5)
In subsections (3) (in each place) and (4), for “member of SOCA’s staff”
substitute “National Crime Agency officer”.
136
In Schedule 8 (forms of declarations)—
(a)
for “SOCA” (in the first place) substitute “the National Crime
35
Agency”;
(b)
for “SOCA” (in the second place) substitute “that Agency”;
(c)
for “its” substitute “that Agency’s”.
Police Reform Act 2002 (c. 30)
137
In section 9 of the Police Reform Act 2002 (the Independent Police
40
Complaints Commission), in subsection (3)—
(a)
in paragraph (da), omit “is or”;
(b)
in paragraph (db), omit “is or”;